Property Division

Separating marital assets and property represents one of divorce’s most challenging and disputed components.

A legal presumption holds that assets obtained during marriage constitute marital property. Marital property encompasses assets acquired from the commencement of the marriage through its conclusion, including increases in value generated by either spouse during this period. Pre-marital ownership establishes separate property status, as do gifts and inherited items. The commingling doctrine permits conversion of separate assets to marital status when applied toward family purposes. Prenuptial agreements may contractually designate as separate assets that would otherwise qualify as marital.

• Marital Home — Typically qualifies as marital property; an exception applies in brief marriages where the non-owning spouse contributed negligibly to purchase costs.
• Closely Owned Businesses — Valuation lacks formulaic standards; courts examine pre- and post-marriage acquisition, appreciation timing, and spousal participation, and professional appraisals frequently prove necessary.
• Life Insurance — Cash surrender value life insurance qualifies as marital property when funded with marital resources, and as separate property when funded through separate funds.

• Transfer of Title — Court orders transferring title from one spouse to another.
• Monetary Award — Lump sum or installment payments to counterbalance unequal physical property divisions.
• Sale of Assets — Ordered asset sales with proportionate distribution of proceeds.
• Partition of Property — Property partition occurs when feasible rather than by mandatory sale.
• Joint Ownership — Continued joint ownership, particularly when partition proves impractical.